81_FR_59191 81 FR 59025 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Schedule of Fees and Charges To Eliminate the Listing Fee in Connection With Exchange Listing of Certain Exchange Traded Products

81 FR 59025 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Schedule of Fees and Charges To Eliminate the Listing Fee in Connection With Exchange Listing of Certain Exchange Traded Products

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range59025-59027
FR Document2016-20460

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59025-59027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20460]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78633; File No. SR-NYSEArca-2016-114]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the 
Exchange's Schedule of Fees and Charges To Eliminate the Listing Fee in 
Connection With Exchange Listing of Certain Exchange Traded Products

August 22, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on August 8, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to [sic] the Exchange's Schedule of Fees and 
Charges (``Fee Schedule'') to eliminate the Listing Fee in connection 
with Exchange listing of certain Exchange Traded Products, effective 
August 8,

[[Page 59026]]

2016. The proposed rule change is available on the Exchange's Web site 
at www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Exchange's Schedule of Fees and 
Charges (``Schedule'') to eliminate the Listing Fee applicable to 
certain issues of Managed Fund Shares listed pursuant to NYSE Arca 
Equities Rule 8.600, effective August 8, 2016, as described below.
    Currently the Exchange's Schedule of Fees and Charges 
(``Schedule'') does not impose a ``Listing Fee'' for the following 
Exchange-Traded Products (``ETPs'') \4\ listed on the Exchange pursuant 
to Rule 19b-4(e) under the Act, and for which a proposed rule change 
pursuant to Section 19(b) of the Act is not required to be filed with 
the Commission \5\: Investment Company Units; Portfolio Depositary 
Receipts; and Currency Trust Shares (collectively, ``Generically-Listed 
Exchange Traded Products'').\6\
---------------------------------------------------------------------------

    \4\ For the purposes of the Schedule, the term ``Exchange Traded 
Products'' includes securities described in NYSE Arca Equities Rules 
5.2(j)(3) (Investment Company Units); 8.100 (Portfolio Depositary 
Receipts); 8.200 (Trust Issued Receipts); 8.201 (Commodity-Based 
Trust Shares); 8.202 (Currency Trust Shares); 8.203 (Commodity Index 
Trust Shares); 8.204 (Commodity Futures Trust Shares); 8.300 
(Partnership Units); 8.500 (Trust Units); 8.600 (Managed Fund 
Shares), and 8.700 (Managed Trust Securities).
    \5\ Exchange rules applicable to listing of certain ETPs provide 
for listing such products pursuant to Rule 19b-4(e) under the Act if 
they satisfy all criteria--referred to as ``generic'' listing 
criteria--in the applicable Exchange ETP rule. If an ETP does not 
satisfy all applicable generic criteria, the Commission must approve 
or issue a notice of effectiveness with respect to a proposed rule 
change filed by the Exchange pursuant to Section 19(b) of the Act 
prior to Exchange listing of such ETP.
    \6\ See Securities Exchange Act Release No. 77883 (May 23, 
2016), 81 FR 33720 (May 27, 2016) (SR-NYSEArca-2016-69) (Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Amending 
the Exchange's Schedule of Fees and Charges to Eliminate the Listing 
Fee in Connection with Exchange Listing of Certain Exchange Traded 
Products).
---------------------------------------------------------------------------

    Other ETPs--specifically, Trust Issued Receipts,\7\ Commodity-Based 
Trust Shares, Commodity Index Trust Shares, Commodity Futures Trust 
Shares, Partnership Units, Trust Units, and non-generically-listed 
Investment Company Units, Portfolio Depositary Receipts and Currency 
Trust Shares--are subject to a Listing Fee of $7,500.\8\ Under Item 5b 
of the Schedule, Managed Fund Shares and Managed Trust Securities are 
subject to a Listing Fee of $10,000.
---------------------------------------------------------------------------

    \7\ Commentary .01 to NYSE Arca Equities Rule 8.200 provides 
generic standards for listing Trust Issued Receipts pursuant to Rule 
19b-4(e) under the Act. However, the Exchange does not currently 
intend to list Trust Issued Receipts under Commentary .01, but 
instead lists Trust Issued Receipts under Commentary .02 to NYSE 
Arca Equities Rule 8.200, which does not provide generic standards 
for listing pursuant to Rule 19b-4(e) under the Act. Before listing 
any Trust Issued Receipts pursuant to Commentary .01 to NYSE Arca 
Equities Rule 8.200, the Exchange will first file a proposed rule 
change with respect to the Listing Fee applicable to any such 
generically-listed securities.
    \8\ Exchange rules applicable to Trust Issued Receipts 
(Commentary .02 to NYSE Arca Equities Rule 8.200); Commodity-Based 
Trust Shares (NYSE Arca Equities Rule 8.201), Commodity Index Trust 
Shares (NYSE Arca Equities Rule 8.203), Commodity Futures Trust 
Shares (NYSE Arca Equities Rule 8.204), Partnership Units (NYSE Arca 
Equities Rule 8.300), and Trust Units (NYSE Arca Equities Rule 
8.500) do not provide for listing pursuant to Rule 19b-4(e) under 
the Act.
---------------------------------------------------------------------------

    The Commission has recently approved an Exchange proposed rule 
change that permits generic listing of Managed Fund Shares pursuant to 
Rule 19b-4(e) under the Act.\9\ The Exchange proposes to amend Item 5a 
of the Schedule to include Managed Fund Shares under the term 
``Generically-Listed Exchange Traded Products''. In addition, the 
Exchange proposes to delete Managed Fund Shares from Item 5b of the 
Schedule. Thus, an issue of Managed Fund Shares that is a 
``Generically-Listed Exchange Traded Product'' would incur no charge to 
list on the Exchange, and an issue of Managed Fund Shares for which a 
proposed rule change under the Act is required would be subject to a 
Listing Fee of $7,500. Issues of Managed Trust Securities would 
continue to be subject to a Listing Fee of $10,000.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 78397 (July 22, 
2016), 81 FR 49320 (July 27, 2016) (SR-NYSEArca-2015-110).
---------------------------------------------------------------------------

    The Exchange believes eliminating the Listing Fee for generically-
listed Managed Fund Shares would help correlate the Listing Fee 
applicable to such issues to the resources required to list such issues 
on the Exchange. The Exchange believes it is appropriate to continue to 
charge a Listing Fee for ETPs for which a proposed rule change pursuant 
to Section 19(b) of the Act is required to be filed because of the 
additional time and resources required by Exchange staff to prepare and 
review such filings and to communicate with issuers and the Commission 
regarding such filings. Application of a Listing Fee for Managed Trust 
Securities is appropriate because the Exchange generally incurs 
increased costs in connection with the rule-making process, listing 
administration process, issuer services, and consultative legal 
services where a proposed rule change pursuant to Section 19(b) of the 
Act is required to be filed with the Commission.
    Annual Fees set forth in the Schedule applicable to ETPs would 
remain unchanged.
    Notwithstanding the elimination of the Listing Fee applicable to 
generically-listed Managed Fund Shares, as well as the decrease in the 
Listing Fee for non-generically-listed Managed Fund Shares, as 
described above, the Exchange will continue to be able to fund its 
regulatory obligations.
2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with Section 
6(b) \10\ of the Act, in general, and Section 6(b)(4) \11\ of the Act 
in particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among its issuers and other 
persons using its facilities. In addition, the Exchange believes the 
proposal is consistent with the requirement under Section 6(b)(5) \12\ 
that an exchange have rules that are designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to, and perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest; and are not designed to permit unfair discrimination 
between customers, issuers, brokers, or dealers. The proposed 
elimination of the Listing Fee for Managed Fund Shares that are 
Generically-Listed ETPs, as well as the decrease in the Listing Fee for 
non-generically-listed Managed Fund Shares, as described above, is 
equitable

[[Page 59027]]

and does not unfairly discriminate between issuers because it would 
apply uniformly to all such issues listed generically under Exchange 
rules. The Exchange believes eliminating the Listing Fee for such 
Managed Fund Shares, decreasing the Listing Fee for non-generically-
listed Managed Fund Shares, as described above, and continuing to 
impose Listing Fees for ETPs that are not generically listed is 
reasonable given the additional resources required by the Exchange in 
connection with ETPs requiring a proposed rule change pursuant to 
Section 19(b). The Exchange believes it is appropriate to continue to 
charge a Listing Fee for ETPs for which a proposed rule change pursuant 
to Section 19(b) of the Act is required to be filed because of the 
significant additional extensive time, legal and business resources 
required by Exchange staff to prepare and review such filings and to 
communicate with issuers and the Commission regarding such filings.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purpose of the Act. The Exchange believes the 
proposed rule change would promote competition because it will 
eliminate the Listing Fee for generically-listed issues of Managed Fund 
Shares and will therefore encourage issuers to develop and list 
additional such issues on the Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-114 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2016-114. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2016-114 and should 
be submitted on or before September 16, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20460 Filed 8-25-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices                                                   59025

                                                  continued to be charged a lower rate of                 III. Date of Effectiveness of the                        business days between the hours of
                                                  $0.48 in SPY as compared to $0.50 per                   Proposed Rule Change and Timing for                      10:00 a.m. and 3:00 p.m. Copies of the
                                                  contract in other Penny Pilot Options.                  Commission Action                                        filing also will be available for
                                                  Customer liquidity benefits all market                     The foregoing rule change has become                  inspection and copying at the principal
                                                  participants by providing more trading                  effective pursuant to section                            office of the Exchange. All comments
                                                  opportunities, which attracts market                    19(b)(3)(A)(ii) of the Act.24                            received will be posted without change;
                                                  makers. An increase in the activity of                     At any time within 60 days of the                     the Commission does not edit personal
                                                  these market participants in turn                       filing of the proposed rule change, the                  identifying information from
                                                  facilitates tighter spreads, which may                  Commission summarily may                                 submissions. You should submit only
                                                                                                          temporarily suspend such rule change if                  information that you wish to make
                                                  cause an additional corresponding
                                                                                                          it appears to the Commission that such                   available publicly. All submissions
                                                  increase in order flow from other market
                                                                                                          action is: (i) Necessary or appropriate in               should refer to File Number SR–
                                                  participants. The Exchange believes that                                                                         NASDAQ–2016–113 and should be
                                                  offering a lower fee to Professionals                   the public interest; (ii) for the protection
                                                                                                          of investors; or (iii) otherwise in                      submitted on or before September 16,
                                                  does not create an undue burden on                                                                               2016.
                                                  intra-market competition because it                     furtherance of the purposes of the Act.
                                                                                                          If the Commission takes such action, the                   For the Commission, by the Division of
                                                  serves to attract more liquidity to NOM                                                                          Trading and Markets, pursuant to delegated
                                                                                                          Commission shall institute proceedings
                                                  to the benefit of other market                          to determine whether the proposed rule                   authority.25
                                                  participants. By offering Professionals,                should be approved or disapproved.                       Robert W. Errett,
                                                  as well as Customers, lower fees, the                                                                            Deputy Secretary.
                                                  Exchange hopes to simply remain                         IV. Solicitation of Comments
                                                                                                                                                                   [FR Doc. 2016–20451 Filed 8–25–16; 8:45 am]
                                                  competitive with other venues so that it                  Interested persons are invited to                      BILLING CODE 8011–01–P
                                                  remains a choice for market participants                submit written data, views and
                                                  when posting orders and the result may                  arguments concerning the foregoing,
                                                  be additional Professional order flow for               including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                  the Exchange, in addition to increased                  change is consistent with the Act.                       COMMISSION
                                                  Customer order flow. Further, the                       Comments may be submitted by any of
                                                                                                          the following methods:                                   [Release No. 34–78633; File No. SR–
                                                  Exchange initially established                                                                                   NYSEArca–2016–114]
                                                  Professional pricing in order to ‘‘. . .                Electronic Comments
                                                  bring additional revenue to the                                                                                  Self-Regulatory Organizations; NYSE
                                                                                                            • Use the Commission’s Internet
                                                  Exchange.’’ 22 The Exchange noted in                    comment form (http://www.sec.gov/
                                                                                                                                                                   Arca, Inc.; Notice of Filing and
                                                  the Professional Filing that it believes                                                                         Immediate Effectiveness of Proposed
                                                                                                          rules/sro.shtml); or
                                                  ‘‘. . . that the increased revenue from                   • Send an email to rule-comments@                      Rule Change Amending the
                                                  the proposal would assist the Exchange                  sec.gov. Please include File Number SR–                  Exchange’s Schedule of Fees and
                                                  to recoup fixed costs.’’ 23 The Exchange                NASDAQ–2016–113 on the subject line.                     Charges To Eliminate the Listing Fee
                                                  does not believe that providing                                                                                  in Connection With Exchange Listing
                                                  Professionals with the opportunity to                   Paper Comments                                           of Certain Exchange Traded Products
                                                  obtain lower remove fee in SPY,                            • Send paper comments in triplicate                   August 22, 2016.
                                                  equivalent to that of a Customer, creates               to Secretary, Securities and Exchange                       Pursuant to Section 19(b)(1) 1 of the
                                                  a competitive environment where                         Commission, 100 F Street NE.,                            Securities Exchange Act of 1934 (the
                                                  Professionals would be necessarily                      Washington, DC 20549–1090.                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  advantaged on NOM as compared to                        All submissions should refer to File
                                                                                                                                                                   notice is hereby given that, on August
                                                  NOM Market Makers, Firms, Broker-                       Number SR–NASDAQ–2016–113. This
                                                                                                                                                                   8, 2016, NYSE Arca, Inc. (the
                                                  Dealers or Non-NOM Market Makers.                       file number should be included on the
                                                                                                                                                                   ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                          subject line if email is used. To help the
                                                                                                                                                                   the Securities and Exchange
                                                  C. Self-Regulatory Organization’s                       Commission process and review your
                                                                                                                                                                   Commission (the ‘‘Commission’’) the
                                                  Statement on Comments on the                            comments more efficiently, please use
                                                                                                                                                                   proposed rule change as described in
                                                  Proposed Rule Change Received From                      only one method. The Commission will
                                                                                                                                                                   Items I, II, and III below, which Items
                                                  Members, Participants, or Others                        post all comments on the Commission’s
                                                                                                                                                                   have been prepared by the self-
                                                                                                          Internet Web site (http://www.sec.gov/
                                                    No written comments were either                                                                                regulatory organization. The
                                                                                                          rules/sro.shtml). Copies of the
                                                  solicited or received.                                                                                           Commission is publishing this notice to
                                                                                                          submission, all subsequent
                                                                                                                                                                   solicit comments on the proposed rule
                                                                                                          amendments, all written statements
                                                                                                                                                                   change from interested persons.
                                                                                                          with respect to the proposed rule
                                                                                                          change that are filed with the                           I. Self-Regulatory Organization’s
                                                                                                          Commission, and all written                              Statement of the Terms of Substance of
                                                     22 See Securities Exchange Act Release No. 64494     communications relating to the                           the Proposed Rule Change
                                                  (May 13, 2011), 76 FR 29014 (May 19, 2011) (SR–         proposed rule change between the                            The Exchange proposes to [sic] the
                                                  NASDAQ–2011–066) (‘‘Professional Filing’’). In this     Commission and any person, other than                    Exchange’s Schedule of Fees and
                                                  filing, the Exchange addressed the perceived            those that may be withheld from the                      Charges (‘‘Fee Schedule’’) to eliminate
                                                  favorable pricing of Professionals who were             public in accordance with the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  assessed fees and paid rebates like a Customer prior
                                                                                                                                                                   the Listing Fee in connection with
                                                                                                          provisions of 5 U.S.C. 552, will be                      Exchange listing of certain Exchange
                                                  to the filing. The Exchange noted in that filing that
                                                  a Professional, unlike a retail Customer, has access
                                                                                                          available for Web site viewing and                       Traded Products, effective August 8,
                                                  to sophisticated trading systems that contain           printing in the Commission’s Public
                                                  functionality not available to retail Customers.        Reference Room, 100 F Street NE.,                          25 17 CFR 200.30–3(a)(12).
                                                     23 See Securities Exchange Act Release No. 64494     Washington, DC 20549, on official                          1 15 U.S.C. 78s(b)(1).
                                                  (May 13, 2011), 76 FR 29014 (May 19, 2011) (SR–                                                                    2 15 U.S.C. 78a.

                                                  NASDAQ–2011–066).                                         24 15   U.S.C. 78s(b)(3)(A)(ii).                         3 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   21:17 Aug 25, 2016   Jkt 238001   PO 00000   Frm 00124     Fmt 4703    Sfmt 4703   E:\FR\FM\26AUN1.SGM    26AUN1


                                                  59026                           Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices

                                                  2016. The proposed rule change is                            Other ETPs—specifically, Trust                     list such issues on the Exchange. The
                                                  available on the Exchange’s Web site at                   Issued Receipts,7 Commodity-Based                     Exchange believes it is appropriate to
                                                  www.nyse.com, at the principal office of                  Trust Shares, Commodity Index Trust                   continue to charge a Listing Fee for
                                                  the Exchange, and at the Commission’s                     Shares, Commodity Futures Trust                       ETPs for which a proposed rule change
                                                  Public Reference Room.                                    Shares, Partnership Units, Trust Units,               pursuant to Section 19(b) of the Act is
                                                                                                            and non–generically–listed Investment                 required to be filed because of the
                                                  II. Self-Regulatory Organization’s
                                                                                                            Company Units, Portfolio Depositary                   additional time and resources required
                                                  Statement of the Purpose of, and
                                                                                                            Receipts and Currency Trust Shares—                   by Exchange staff to prepare and review
                                                  Statutory Basis for, the Proposed Rule
                                                                                                            are subject to a Listing Fee of $7,500.8              such filings and to communicate with
                                                  Change
                                                                                                            Under Item 5b of the Schedule,                        issuers and the Commission regarding
                                                     In its filing with the Commission, the                 Managed Fund Shares and Managed                       such filings. Application of a Listing Fee
                                                  self-regulatory organization included                     Trust Securities are subject to a Listing             for Managed Trust Securities is
                                                  statements concerning the purpose of,                     Fee of $10,000.                                       appropriate because the Exchange
                                                  and basis for, the proposed rule change                      The Commission has recently                        generally incurs increased costs in
                                                  and discussed any comments it received                    approved an Exchange proposed rule                    connection with the rule-making
                                                  on the proposed rule change. The text                     change that permits generic listing of                process, listing administration process,
                                                  of those statements may be examined at                    Managed Fund Shares pursuant to Rule                  issuer services, and consultative legal
                                                  the places specified in Item IV below.                    19b–4(e) under the Act.9 The Exchange                 services where a proposed rule change
                                                  The Exchange has prepared summaries,                      proposes to amend Item 5a of the                      pursuant to Section 19(b) of the Act is
                                                  set forth in sections A, B, and C below,                  Schedule to include Managed Fund                      required to be filed with the
                                                  of the most significant parts of such                     Shares under the term ‘‘Generically-                  Commission.
                                                  statements.                                               Listed Exchange Traded Products’’. In                    Annual Fees set forth in the Schedule
                                                  A. Self-Regulatory Organization’s                         addition, the Exchange proposes to                    applicable to ETPs would remain
                                                  Statement of the Purpose of, and the                      delete Managed Fund Shares from Item                  unchanged.
                                                  Statutory Basis for, the Proposed Rule                    5b of the Schedule. Thus, an issue of                    Notwithstanding the elimination of
                                                  Change                                                    Managed Fund Shares that is a                         the Listing Fee applicable to generically-
                                                                                                            ‘‘Generically-Listed Exchange Traded                  listed Managed Fund Shares, as well as
                                                  1. Purpose                                                Product’’ would incur no charge to list               the decrease in the Listing Fee for non-
                                                     The Exchange proposes to amend the                     on the Exchange, and an issue of                      generically-listed Managed Fund
                                                  Exchange’s Schedule of Fees and                           Managed Fund Shares for which a                       Shares, as described above, the
                                                  Charges (‘‘Schedule’’) to eliminate the                   proposed rule change under the Act is                 Exchange will continue to be able to
                                                  Listing Fee applicable to certain issues                  required would be subject to a Listing                fund its regulatory obligations.
                                                  of Managed Fund Shares listed pursuant                    Fee of $7,500. Issues of Managed Trust
                                                                                                                                                                  2. Statutory Basis
                                                  to NYSE Arca Equities Rule 8.600,                         Securities would continue to be subject
                                                  effective August 8, 2016, as described                    to a Listing Fee of $10,000.                             NYSE Arca believes that the proposal
                                                  below.                                                       The Exchange believes eliminating                  is consistent with Section 6(b) 10 of the
                                                     Currently the Exchange’s Schedule of                   the Listing Fee for generically-listed                Act, in general, and Section 6(b)(4) 11 of
                                                  Fees and Charges (‘‘Schedule’’) does not                  Managed Fund Shares would help                        the Act in particular, in that it provides
                                                  impose a ‘‘Listing Fee’’ for the following                correlate the Listing Fee applicable to               for the equitable allocation of reasonable
                                                  Exchange-Traded Products (‘‘ETPs’’) 4                     such issues to the resources required to              dues, fees and other charges among its
                                                  listed on the Exchange pursuant to Rule                                                                         issuers and other persons using its
                                                  19b–4(e) under the Act, and for which                     NYSEArca–2016–69) (Notice of Filing and               facilities. In addition, the Exchange
                                                                                                            Immediate Effectiveness of Proposed Rule Change       believes the proposal is consistent with
                                                  a proposed rule change pursuant to                        Amending the Exchange’s Schedule of Fees and
                                                  Section 19(b) of the Act is not required                  Charges to Eliminate the Listing Fee in Connection
                                                                                                                                                                  the requirement under Section 6(b)(5) 12
                                                  to be filed with the Commission 5:                        with Exchange Listing of Certain Exchange Traded      that an exchange have rules that are
                                                  Investment Company Units; Portfolio                       Products).                                            designed to prevent fraudulent and
                                                  Depositary Receipts; and Currency Trust                      7 Commentary .01 to NYSE Arca Equities Rule
                                                                                                                                                                  manipulative acts and practices, to
                                                                                                            8.200 provides generic standards for listing Trust    promote just and equitable principles of
                                                  Shares (collectively, ‘‘Generically-Listed                Issued Receipts pursuant to Rule 19b–4(e) under the
                                                  Exchange Traded Products’’).6                             Act. However, the Exchange does not currently         trade, to foster cooperation and
                                                                                                            intend to list Trust Issued Receipts under            coordination with persons engaged in
                                                     4 For the purposes of the Schedule, the term           Commentary .01, but instead lists Trust Issued        regulating, clearing, settling, processing
                                                  ‘‘Exchange Traded Products’’ includes securities          Receipts under Commentary .02 to NYSE Arca            information with respect to, and
                                                  described in NYSE Arca Equities Rules 5.2(j)(3)           Equities Rule 8.200, which does not provide generic
                                                                                                            standards for listing pursuant to Rule 19b–4(e)       facilitating transactions in securities, to
                                                  (Investment Company Units); 8.100 (Portfolio
                                                  Depositary Receipts); 8.200 (Trust Issued Receipts);      under the Act. Before listing any Trust Issued        remove impediments to, and perfect the
                                                  8.201 (Commodity-Based Trust Shares); 8.202               Receipts pursuant to Commentary .01 to NYSE Arca      mechanism of a free and open market
                                                  (Currency Trust Shares); 8.203 (Commodity Index           Equities Rule 8.200, the Exchange will first file a   and, in general, to protect investors and
                                                  Trust Shares); 8.204 (Commodity Futures Trust             proposed rule change with respect to the Listing
                                                  Shares); 8.300 (Partnership Units); 8.500 (Trust          Fee applicable to any such generically-listed         the public interest; and are not designed
                                                  Units); 8.600 (Managed Fund Shares), and 8.700            securities.                                           to permit unfair discrimination between
                                                  (Managed Trust Securities).                                  8 Exchange rules applicable to Trust Issued        customers, issuers, brokers, or dealers.
                                                     5 Exchange rules applicable to listing of certain      Receipts (Commentary .02 to NYSE Arca Equities        The proposed elimination of the Listing
                                                  ETPs provide for listing such products pursuant to        Rule 8.200); Commodity-Based Trust Shares (NYSE
                                                                                                            Arca Equities Rule 8.201), Commodity Index Trust
                                                                                                                                                                  Fee for Managed Fund Shares that are
                                                  Rule 19b–4(e) under the Act if they satisfy all
mstockstill on DSK3G9T082PROD with NOTICES




                                                  criteria—referred to as ‘‘generic’’ listing criteria—in   Shares (NYSE Arca Equities Rule 8.203),               Generically-Listed ETPs, as well as the
                                                  the applicable Exchange ETP rule. If an ETP does          Commodity Futures Trust Shares (NYSE Arca             decrease in the Listing Fee for non-
                                                  not satisfy all applicable generic criteria, the          Equities Rule 8.204), Partnership Units (NYSE Arca    generically-listed Managed Fund
                                                  Commission must approve or issue a notice of              Equities Rule 8.300), and Trust Units (NYSE Arca
                                                  effectiveness with respect to a proposed rule change      Equities Rule 8.500) do not provide for listing
                                                                                                                                                                  Shares, as described above, is equitable
                                                  filed by the Exchange pursuant to Section 19(b) of        pursuant to Rule 19b–4(e) under the Act.
                                                                                                                                                                   10 15 U.S.C. 78f(b).
                                                  the Act prior to Exchange listing of such ETP.               9 See Securities Exchange Act Release No. 78397
                                                     6 See Securities Exchange Act Release No. 77883                                                               11 15 U.S.C. 78f(b)(4).
                                                                                                            (July 22, 2016), 81 FR 49320 (July 27, 2016) (SR–
                                                  (May 23, 2016), 81 FR 33720 (May 27, 2016) (SR–           NYSEArca–2015–110).                                    12 15 U.S.C. 78f(b)(5).




                                             VerDate Sep<11>2014    21:17 Aug 25, 2016   Jkt 238001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\26AUN1.SGM    26AUN1


                                                                                   Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices                                                    59027

                                                  and does not unfairly discriminate                        action is necessary or appropriate in the                 submissions. You should submit only
                                                  between issuers because it would apply                    public interest, for the protection of                    information that you wish to make
                                                  uniformly to all such issues listed                       investors, or otherwise in furtherance of                 available publicly. All submissions
                                                  generically under Exchange rules. The                     the purposes of the Act. If the                           should refer to File Number SR–
                                                  Exchange believes eliminating the                         Commission takes such action, the                         NYSEArca–2016–114 and should be
                                                  Listing Fee for such Managed Fund                         Commission shall institute proceedings                    submitted on or before September 16,
                                                  Shares, decreasing the Listing Fee for                    under Section 19(b)(2)(B) 15 of the Act to                2016.
                                                  non-generically-listed Managed Fund                       determine whether the proposed rule                         For the Commission, by the Division of
                                                  Shares, as described above, and                           change should be approved or                              Trading and Markets, pursuant to delegated
                                                  continuing to impose Listing Fees for                     disapproved.                                              authority.16
                                                  ETPs that are not generically listed is                   IV. Solicitation of Comments                              Robert W. Errett,
                                                  reasonable given the additional                                                                                     Deputy Secretary.
                                                  resources required by the Exchange in                       Interested persons are invited to
                                                                                                            submit written data, views, and                           [FR Doc. 2016–20460 Filed 8–25–16; 8:45 am]
                                                  connection with ETPs requiring a
                                                  proposed rule change pursuant to                          arguments concerning the foregoing,                       BILLING CODE 8011–01–P

                                                  Section 19(b). The Exchange believes it                   including whether the proposed rule
                                                  is appropriate to continue to charge a                    change is consistent with the Act.
                                                  Listing Fee for ETPs for which a                          Comments may be submitted by any of                       SMALL BUSINESS ADMINISTRATION
                                                  proposed rule change pursuant to                          the following methods:                                    [Disaster Declaration #14811 and #14812]
                                                  Section 19(b) of the Act is required to                   Electronic Comments
                                                  be filed because of the significant                                                                                 Louisiana Disaster Number LA–00065
                                                                                                              • Use the Commission’s Internet
                                                  additional extensive time, legal and                      comment form (http://www.sec.gov/                         AGENCY: U.S. Small Business
                                                  business resources required by                            rules/sro.shtml); or                                      Administration.
                                                  Exchange staff to prepare and review                        • Send an email to rule-                                ACTION: Amendment 2.
                                                  such filings and to communicate with                      comments@sec.gov. Please include File
                                                  issuers and the Commission regarding                      Number SR–NYSEArca–2016–114 on                            SUMMARY:    This is an amendment of the
                                                  such filings.                                             the subject line.                                         Presidential declaration of a major
                                                  B. Self-Regulatory Organization’s                                                                                   disaster for the State of Louisiana
                                                                                                            Paper Comments                                            (FEMA–4277–DR), dated 08/14/2016.
                                                  Statement on Burden on Competition
                                                                                                               • Send paper comments in triplicate                      Incident: Severe Storms and Flooding.
                                                    The Exchange does not believe that                      to Secretary, Securities and Exchange                       Incident Period: 08/11/2016 and
                                                  the proposed rule change will impose                      Commission, 100 F Street NE.,                             continuing.
                                                  any burden on competition that is not                     Washington, DC 20549–1090.                                  Effective Date: 08/16/2016.
                                                  necessary or appropriate in furtherance                   All submissions should refer to File                        Physical Loan Application Deadline
                                                  of the purpose of the Act. The Exchange                   Number SR–NYSEArca–2016–114. This                         Date: 10/13/2016.
                                                  believes the proposed rule change                         file number should be included on the                       EIDL Loan Application Deadline Date:
                                                  would promote competition because it                      subject line if email is used. To help the                05/15/2017.
                                                  will eliminate the Listing Fee for                        Commission process and review your                        ADDRESSES: Submit completed loan
                                                  generically-listed issues of Managed                      comments more efficiently, please use                     applications to: U.S. Small Business
                                                  Fund Shares and will therefore                            only one method. The Commission will                      Administration, Processing and
                                                  encourage issuers to develop and list                     post all comments on the Commission’s                     Disbursement Center, 14925 Kingsport
                                                  additional such issues on the Exchange.                   Internet Web site (http://www.sec.gov/                    Road, Fort Worth, TX 76155.
                                                  C. Self-Regulatory Organization’s                         rules/sro.shtml). Copies of the                           FOR FURTHER INFORMATION CONTACT:
                                                  Statement on Comments on the                              submission, all subsequent                                Alan Escobar, Office of Disaster
                                                  Proposed Rule Change Received From                        amendments, all written statements                        Assistance, U.S. Small Business
                                                  Members, Participants, or Others                          with respect to the proposed rule                         Administration, 409 3rd Street SW.,
                                                    No written comments were solicited                      change that are filed with the                            Suite 6050, Washington, DC 20416.
                                                  or received with respect to the proposed                  Commission, and all written                               SUPPLEMENTARY INFORMATION: The notice
                                                  rule change.                                              communications relating to the                            of the Presidential disaster declaration
                                                                                                            proposed rule change between the                          for the State of Louisiana, dated 08/14/
                                                  III. Date of Effectiveness of the                         Commission and any person, other than                     2016 is hereby amended to include the
                                                  Proposed Rule Change and Timing for                       those that may be withheld from the                       following areas as adversely affected by
                                                  Commission Action                                         public in accordance with the                             the disaster:
                                                     The foregoing rule change is effective                 provisions of 5 U.S.C. 552, will be                       Primary Counties: (Physical Damage and
                                                  upon filing pursuant to Section                           available for Web site viewing and                             Economic Injury Loans):
                                                  19(b)(3)(A) 13 of the Act and                             printing in the Commission’s Public                         Avoyelles, Evangeline, Iberville,
                                                  subparagraph (f)(2) of Rule 19b–4 14                      Reference Room, 100 F Street NE.,                              Jefferson Davis, Saint Martin, Saint
                                                  thereunder, because it establishes a due,                 Washington, DC 20549 on official                               Tammany, Washington, West
                                                  fee, or other charge imposed by the                       business days between the hours of                             Feliciana.
                                                  Exchange.                                                 10:00 a.m. and 3:00 p.m. Copies of the                    Contiguous Counties: (Economic Injury
                                                                                                            filing also will be available for
mstockstill on DSK3G9T082PROD with NOTICES




                                                     At any time within 60 days of the                                                                                     Loans Only):
                                                  filing of such proposed rule change, the                  inspection and copying at the principal                     Louisiana: Allen, Beauregard,
                                                  Commission summarily may                                  office of the Exchange. All comments                           Calcasieu, Catahoula, La Salle,
                                                  temporarily suspend such rule change if                   received will be posted without change;                        Orleans, Rapides.
                                                  it appears to the Commission that such                    the Commission does not edit personal                       Mississippi: Hancock, Marion, Pearl
                                                                                                            identifying information from                                   River, Walthall.
                                                    13 15   U.S.C. 78s(b)(3)(A).
                                                    14 17   CFR 240.19b–4(f)(2).                              15 15   U.S.C. 78s(b)(2)(B).                              16 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014     21:17 Aug 25, 2016   Jkt 238001   PO 00000   Frm 00126     Fmt 4703     Sfmt 4703   E:\FR\FM\26AUN1.SGM     26AUN1



Document Created: 2016-08-26 10:41:09
Document Modified: 2016-08-26 10:41:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 59025 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR